Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 WP(C) NO. 25774 OF 2021 PETITIONER:
DENNY C.L.
AGED 50 YEARS S/O. LONAPPAN, CHUNGATH HOUSE, ERUMAPETTY, THRISSUR - 680584.
BY ADVS.
SINDHU SANTHALINGAM A.D.SHAJAN RESPONDENTS
:
1 STATE OF KERALA REPRESENTED BY ITS HOME DEPARTMENT OF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, THRISSUR - 680584.
3 PHILIP SECRETARY, CITU, ERUMAPETTY, THRISSUR - 680584.
4 BABY SECRETARY, INTUC, ERUMAPETTY, THRISSUR - 680584, 5 MUKESH SECRETARY, B.M.S, ERUMAPETTY, THRISSUR - 680584.
6 LABOUR OFFICER, VADAKKANCHERRY, THRISSUR DISTRICT - 680005.
7 KERALA HEAD LOAD WORKERS WELFARE FUND BOARD.
TRIVANDRUM - 695036, REPRESENTED BY ITS SECRETARY.
BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB OTHER PRESENT:
GP SRI. RIYAL DEVASSY
W.P.(C).No. 25774 of 2021 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 25774 of 2021 3 JUDGMENT (Dated this the 1st day of August, 2024) The Writ Petition is filed for a direction to the 2nd respondent to render adequate protection to enable the petitioner to run the show room at Erumapetty and for a declaration that respondents 3 to 5 have no right to interfere and interrupt the petitioner’s business.
2. Though notices sent to respondents 3 to 5 the same was accepted by them, there is no appearance.
3. An interim order was passed by this Court on 18.11.2021 recording the submission of the Standing Counsel for the 7th respondent that the area, where the petitioner is carrying out business is not a scheme covered area, the 2nd respondent was directed to afford adequate and effective protection to the petitioner and his employees to carry on the loading and unloading activities from any threat of respondents 3 to 5 and their representatives.
Therefore, the Writ Petition is allowed, making the interim order absolute.
Sd/- BASANT BALAJI JUDGE Mms
W.P.(C).No. 25774 of 2021 4 APPENDIX OF WP(C) 25774/2021 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE.
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 01.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.